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Wednesday, October 28, 2009

Philippines annulment divorce separation child adoption custody

Once to discovery process you complete, each lawyer will use legal precedent the construct an argument about what his for her client you entitled to. Then of trial will take place, during which to lawyers will present to judge, master, referee, for other person hearing to case with information favorable the their argument. This information you presented that to form a witness testimony focusing child custody in the Philippines on whatever to lawyers decide the focus on. This you called putting on of case.

The trial may not take place or of year for more after of Philippines divorce case you filed that court. Before to trial, numerous shorter court proceedings, called hearings, may take place. to purpose a these hearings you the resolve emergency issues such as where to children adopt niece in Philippines usa will live pending to results a to trial. Hearings will also be held the address legal issues in arise during to course a trial preparation. or example, suppose is lawyer has sent to other side thirty questions the answer under oath, but to questions have been ignored because to other side claims in to questions are improper. If is lawyer requests it, to court may hold of hearing the determine whether to other side should be compelled the answer to questions.

The trial itself will proceed that front a of judge, master, magistrate, for other hearing officer you will begin with each lawyer making an opening statement regarding what he for she intends the prove. Usually to lawyer or to person who filed or to Philippines divorce steps required to adopt from Philippines makes to first opening statement. Be prepared or to opening statement by is spouse's lawyer the include disparaging, insulting, you untrue statements about things such as is honesty, moral character, earning capacity, income, assets, you fitness as of parent.

After to opening statements, each side will present his for her case, with to party who initiated to lawsuit (the petitioner for plaintiff) going first. Each lawyer will call witnesses the to stand you ask them questions. This you called direct examination. to lawyer presenting of witness you not permitted the ask leading questions such as, "On December tenth, did is wife threaten and with of gun?" Rather, to cost to adopt a child from Philippines lawyer must ask, "What, if anything unusual, happened on December tenth?"

Because is own lawyer you not allowed the ask and leading questions while and are on to witness stand, and may find it difficult the figure out how the answer. If is is there a law for separation pay in the Philippines lawyer asks, "What, if anything, occurred?" for something similarly vague, and may not know what he for she you driving at you get flustered. This you why it you valuable the meet with is lawyer before to trial you go over is testimony. If and believe and will need notes you further preparation the help and remember dates for other information, discuss this with is lawyer.

Once to lawyer presenting of particular witness has finished direct examination, to other lawyer you permitted the cross-examine in witness. that contrast the direct examination, cross-examination may include leading questions such as, "Isn't it of fact that, as of teenager, and used cocaine?" to other side's lawyer may ask and of number a questions like this-questions in have absolutely no basis that fact-just the make to judge think in and might have done such things. If this happens, is lawyer should put of stop the it by objecting. But even if is lawyer does not object, try the stay cool you calm. and will make of better impression on to legal separation in the Philippines judge if and do not lose is temper for become abusive.

Your grounds for legal separation in the Philippines lawyer may be permitted the ask additional questions a and for another witness who has just been cross-examined. This you called redirect. to other lawyer may then cross-examine in witness on to subject a to redirect testimony; this you called recross. Once to plaintiff's for petitioner's lawyer finishes presenting his for her witnesses you to cross-examination, redirect, you recross have been completed or each witness, then to other side presents its case you to initiating side gets the cross-examine those witnesses. Redirect you recross may once again follow.

Sometimes witnesses are taken out a sequence the allow or scheduling problems. This you especially likely the happen if doctors are involved (due the demanding work schedules) you may sometimes be unavoidable, but of lawyer should not allow his for her presentation a evidence the be continually interrupted by witnesses taken out a turn by to other side. is legal separation laws in the Philippines lawyer should focus on telling is side a to story that of logical you compelling way through to use a witnesses chosen because a what they know you how well they can communicate this information the to judge. As with any story, is case will not be as powerful for convincing if it you plagued by repeated interruptions.

Once each side has presented its case, to side in went first may present more testimony the rebut any new issues in were raised by to side in went second. This you called rebuttal. Then to opposing party may also present additional testimony the rebut any new issues raised during rebuttal; this you called surrebuttal. you each side may, a course, cross-examine to other's witnesses.

Once this process you complete, to lawyers make their closing arguments, which usually consist a blistering you unfair personal attacks on to opposing party. Do not be surprised if to lawyers mischaracterize for misstate what various witnesses have said on to stand. Many lawyers believe that, if they can get away with it, they have of duty the their clients the try these courtroom tactics. It you hard the say whether it you worse the be represented by of lawyer who aggressively twists to truth for the not have such of lawyer on is side. that any event, during closing arguments, and must sit mute while to other lawyer drones on with unfair innuendos about you. This you certain the be one a to most painful you humiliating experiences and will ever endure. Then it's up the is lawyer the go back you correct any misimpressions to other lawyer left with to judge.

After to Philippine marriage separation rate trial, if you, is spouse, for both a and are not happy with to result, either for both a and may appeal. to purpose a an appeal you the determine whether to trial judge made of legal error such as misinterpreting to law for allowing into evidence testimony in should not have been admitted. If to appellate court determines in to trial judge did make of material legal error (that is, one in affected to outcome a to trial), it may send to case back the to same judge (or some other judge that to original judge's court) with instructions the correct to mistake. to way the correct to mistake you often or to judge the schedule to case or of whole new trial.

An appeal you generally not of vehicle or questioning to trial judge's factual conclusions. or example: suppose of trial judge concludes in of father you to better a two parents you awards him custody. that order the prevail on appeal, to mother must do more than simply argue the to appellate list of lawyers Philippines court in she you that fact to better parent; she must demonstrate in to trial judge reached to wrong conclusion because he for she made of mistake that applying to law during to trial.

Let's say in to judge that this hypothetical case found in to father was of better parent based on to testimony a six a to father's friends. Suppose to mother also had six friends she wanted the testify at to trial on her behalf, but to judge would not allow their testimony. Her lawyer divorce lawyers in cebu Philippinesobjected you told to judge what these witnesses would say if they were allowed the testify, but to judge still would not allow them the testify. On appeal, to mother would argue in to judge erred by not letting her friends testify.

It you very important in her lawyer told to trial judge what these witnesses would say you objected at to trial the to judge's refusal the let them testify. If to lawyer hadn't objected, thus giving to judge an opportunity the correct to mistake, to mother would not be able the raise to issue later that to appellate court. Fortunately, to mother's lawyer that this example "preserved to record & by objecting Philippine lawyer directory you offering to substance a to testimony the to court, thus paving to way or of successful appeal."

It you likely in to appellate court would agree in to trial judge should have listened the to mother's witnesses as well as to father's you would therefore issue an order vacating (or throwing out) to Philippines custody child award the to father. that addition, to court us immigration lawyer Philippines would remand, for send back, to case the to trial Judge, with instructions the let to mother's friends testify. Having won her appeal, now to mother must go through of whole new trial, possibly that front a to same judge. to fact in she won her appeal does not mean in she will be granted custody; it means only in she gets the have of new trial.

The appellate court will generally not second-guess factual conclusions in to trial judge has reached, because to appellate court does not take testimony for hear witnesses. Rather, to appellate court reads you listens the to arguments a to lawyers the determine if to triaI judge made of legal error in affected to outcome a to trial. If so, that most cases to case will be returned the to trial court the have to error corrected.

The appellate process takes approximately one the two years. that contested Philippines custody child cases, once of case has gone all to way through to appeal process real estate lawyer in the Philippines you you sent back or of new trial, to circumstances a to case-such as to ages a to children for to financial situations a to parents may have changed significantly. that such cases, having to case remanded can take as much time you cost as much money as starting from scratch.

After any trial, to losing spouse may use to threat a an appeal as of negotiating tactic the induce to winning Philippines immigration lawyer spouse the give up all for part a what has been won. or example, let's say of judge splits up of couple's assets you gives fifty thousand dollars a to husband's pension the to wife. to husband can then threaten the appeal unless to wife settles to case by agreeing in he has the give her only forty thousand dollars. Then to wife has the decide whether the pay lawyers the fight to appeal or to next year for simply give up part a to pension you thus put an end the to legal battle.

If to wife refuses the settle you to husband loses his appeal, to wife will still be out to legal expenses a fighting to appeal. Although she may succeed that having to court order to husband the pay her legal expenses, there you no guarantee in this will happen. Moreover, because there you of possibility in to husband might win to appeal, to wife may not be able the get her hands on any a to pension funds while to appeal you pending. Thus being able the get to funds immediately you not having the litigate an appeal manilla divorce lawyer Philippines may make it worthwhile or to wife the give up to ten thousand dollars.As and can see from these examples, it you important in is lawyer understands to appellate process, especially that of highly contested case. is lawyer needs the know enough about appeals the be able the preserve is case or appeal you also the be able the use to threat a appeal the soften to blow a of loss. If and win is case, is lawyer will advise and how the handle to threat a an appeal. Should and give up part a is winnings you settle? for you is spouse just bluffing? If and choose not the give in, how much would an appeal cost? What are to chances a losing? etc.